These terms apply to your use of Raytheon’s Supplier Portal (Portal). Raytheon has provided you with the opportunity to access, use, and supply information through its Supplier Portal. The Portal enables you to provide Raytheon with information about goods or services that you wish to supply to Raytheon.
In these terms:
· ‘Raytheon’ means Raytheon Australia Pty Ltd (ABN 35 063 709 295) and its related bodies corporate; and
· ‘you’, ‘your’ or ‘Supplier’ means you, your company, your employer and any and all persons who access the Portal for or on behalf of you, your company or your employer (including officers, employees, agents and contractors).
1.1 These terms set out the terms on which you may use, access and supply information through the Portal.
1.2 You should read these terms before using the Portal. By using the Portal, you confirm that you agree to these terms and that you will comply with them.
1.3 If you do not accept these terms, you must not use the Portal.
1.4 Raytheon makes no warranties, representations, undertakings or guarantees, express or implied, that the Portal or any content on it will be free from errors or omissions, or as to the accuracy or completeness of any content in the Portal. The Portal is provided to you on an “as is” and “as available” basis only and solely for the convenience of Raytheon.
1.5 You must make your own assessment of any information provided by Raytheon through the Portal, and satisfy yourself as to the accuracy, content or completeness of that information.
1.6 Raytheon may withdraw, suspend or change the Portal at any time, in any way, and without prior notice to you.
2.1 The Portal provides you with a means of providing information about your company, its capability and any goods or services which may be of interest to Raytheon. The mere submission of information by the Supplier to Raytheon through the Portal does not create any contract (including process contract) or other understanding between the Supplier and Raytheon for the supply of any goods or services, including any goods or services described in the information provided by the Supplier.
2.2 No contract (including process contract) or understanding will exist (or will arise) between Raytheon and the Supplier for the supply of goods or services, unless and until an agreement is executed by Raytheon and the Supplier.
2.3 Raytheon will not be liable to the Supplier in any manner whatsoever in connection with the Portal, or the Suppliers use of the Portal, whether in respect direct, indirect or consequential damages, losses or costs and whether under any principle of law (including negligence).
2.4 These terms will not form part of any subsequent agreement between Raytheon and the Supplier, if Raytheon chooses, in its sole discretion, to acquire goods or services from the Supplier.
3.1 Raytheon is not obliged to consider any information which is provided by the Supplier, nor is it obliged to procure any goods or services, or any particular quantity of goods or services, from the Supplier.
3.2 Raytheon may, in its sole discretion, seek further information from the Supplier.
3.3 The use of the Portal does not entitle the Supplier to any exclusivity in relation to the supply of goods or services to Raytheon. Raytheon may choose to acquire goods or services from any other entity that are the same as, or similar to, those offered by the Supplier.
4.1 The Supplier agrees that Raytheon may use any information provided to it through the Portal for its internal business purposes and any purpose related to Raytheon’s evaluation or consideration of the information provided by the Supplier. The Supplier grants Raytheon a perpetual and irrevocable licence to use any material which the Supplier submits through the Portal for the purposes set out in these terms.
4.2 The Supplier warrants and represents that the provision of information to Raytheon through the Portal is lawful and does not breach any applicable laws (including the International Traffic in Arms Regulations (ITAR) of the USA), and that Raytheon is entitled to use the information as set out in these terms. The Supplier indemnifies and holds Raytheon harmless in respect of any loss which Raytheon suffers as a result of the Supplier’s breach of this warranty.
5.1 The Supplier warrants that the information which it provides to Raytheon is up to date and accurate in all material respects.
6.1 The Supplier must ensure that its use of the Portal complies with any applicable laws and regulations. The Supplier must ensure that any information which it provides to Raytheon does not breach, and will not cause Raytheon to be in breach of, any applicable law or regulation.
6.2 The Supplier must not provide Raytheon with any information in relation to goods or services which, if acquired by Raytheon, would cause Raytheon to be in breach of any applicable law or regulation.
7.1 Raytheon may, in its sole discretion, amend these terms from time to time.
7.2 You should check these terms whenever you return to the Portal to see whether any changes have been made, as these will be binding on you if you continue to use the Portal.